1. U.S. Code
  2. title 10
  3. subtitle A
  4. part II
  5. chapter 55
  6. § 1077
  7. notes

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

1077(a)

1077(span)

1077(c)

37:403(f).

37:403(g).

37:403(h) (less clause (4)).

June 7, 1956, ch. 374, § 103(f), (g), (h), 70 Stat. 251, 252.

1077(d)

37:403(h) (clause (4)).

In subsection (a), clause (6) is inserted to reflect subsection (span).

Editorial Notes
Prior Provisions

Provisions similar to those in subsec. (span)(3) of this section were contained in the following appropriation acts:

Puspan. L. 98–473, title I, § 101(h) [title VIII, § 8045], Oct. 12, 1984, 98 Stat. 1904, 1931.

Puspan. L. 98–212, title VII, § 752, Dec. 8, 1983, 97 Stat. 1447.

Puspan. L. 97–377, title I, § 101(c) [title VII, § 756], Dec. 21, 1982, 96 Stat. 1833, 1860.

Puspan. L. 97–114, title VII, § 759, Dec. 29, 1981, 95 Stat. 1588.

Puspan. L. 96–527, title VII, § 763, Dec. 15, 1980, 94 Stat. 3092.

Puspan. L. 96–154, title VII, § 769, Dec. 21, 1979, 93 Stat. 1163.

A prior section 1077, act Aug. 10, 1956, ch. 1041, 70A Stat. 84, related to distribution of ballots, envelopes, and voting instructions, prior to repeal by Puspan. L. 85–861, § 36B(5), Sept. 2, 1958, 72 Stat. 1570, as superseded by the Federal Voting Assistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.) of chapter 20 of Title 42, The Public Health and Welfare.

Amendments

2023—Subsec. (a)(16). Puspan. L. 118–31, § 703, amended par. (16) generally. Prior to amendment, par. (16) read as follows: “Except as provided by subsection (g), a hearing aid, but only for a dependent of a member of the uniformed services on active duty and only if the dependent has a profound hearing loss, as determined under standards prescribed in regulations by the Secretary of Defense in consultation with the administering Secretaries.”

Subsec. (c)(1). Puspan. L. 118–31, § 704(1), substituted “paragraphs (2) and (3)” for “paragraph (2)”.

Subsec. (c)(3). Puspan. L. 118–31, § 704(2), added par. (3).

2021—Subsec. (g). Puspan. L. 116–283 designated existing provisions as par. (1) and added par. (2).

2017—Subsec. (a)(3), (18). Puspan. L. 115–91, § 739(c)(1), substituted “subsection (h)” for “subsection (g)”.

Subsec. (g). Puspan. L. 115–91, § 739(c)(2), substituted “dependents eligible for care under this section” for “dependents of former members of the uniformed services”.

2016—Subsec. (a)(3). Puspan. L. 114–328, § 714(a)(1)(A), inserted before period at end “, including, in accordance with subsection (g), medically necessary vitamins”.

Subsec. (a)(16). Puspan. L. 114–328, § 713(1), substituted “Except as provided by subsection (g), a hearing aid” for “A hearing aid”.

Subsec. (a)(18). Puspan. L. 114–328, § 714(a)(1)(B), added par. (18).

Subsec. (g). Puspan. L. 114–328, § 713(2), added subsec. (g).

Subsec. (h). Puspan. L. 114–328, § 714(a)(2), added subsec. (h).

2004—Subsec. (c). Puspan. L. 108–375 designated existing provisions as par. (1), substituted “Except as specified in paragraph (2), a” for “A”, and added par. (2).

2001—Subsec. (a)(12). Puspan. L. 107–107, § 703(a)(1), substituted “which” for “such as wheelchairs, iron lungs, and hospital beds”.

Subsec. (a)(16). Puspan. L. 107–107, § 702(1), added par. (16).

Subsec. (a)(17). Puspan. L. 107–107, § 704, added par. (17).

Subsec. (span)(2). Puspan. L. 107–107, § 702(2), substituted “Orthopedic footwear” for “Hearing aids, orthopedic footwear,”.

Subsec. (e). Puspan. L. 107–107, § 702(3), added subsec. (e).

Subsec. (f). Puspan. L. 107–107, § 703(a)(2), added subsec. (f).

1997—Subsec. (a)(15). Puspan. L. 105–85, § 702(a), added cl. (15).

Subsec. (span)(2). Puspan. L. 105–85, § 702(span), added par. (2) and struck out former par. (2) which read as follows: “Prosthetic devices, hearing aids, orthopedic footwear, and spectacles except that—

“(A) outside the United States and at stations inside the United States where adequate civilian facilities are unavailable, such items may be sold to dependents at cost to the United States, and

“(B) artificial limbs, voice prostheses, and artificial eyes may be provided.”

1996—Subsec. (a)(14). Puspan. L. 104–201 added cl. (14).

1994—Subsec. (span)(2)(B). Puspan. L. 103–337, § 705, inserted “, voice prostheses,” after “artificial limbs”.

Subsec. (c). Puspan. L. 103–337, § 703(span), substituted “, dental care provided outside the United States, and dental care” for “and care”.

1993—Subsec. (a)(13). Puspan. L. 103–160 added cl. (13).

1991—Subsec. (a)(8). Puspan. L. 102–190, § 703, inserted before period at end “, including well-baby care that includes one screening of an infant for the level of lead in the blood of the infant”.

Subsec. (d). Puspan. L. 102–190, § 702(a), added subsec. (d).

1985—Subsec. (c). Puspan. L. 99–145 added subsec. (c).

1984—Puspan. L. 98–525, § 1405(22), substituted a colon for the semicolon in section catchline.

Subsec. (a)(10). Puspan. L. 98–525, § 633(a)(1), added cl. (10). Former cl. (10) “Emergency dental care worldwide.” was struck out.

Subsec. (a)(11). Puspan. L. 98–525, § 633(a)(1), redesignated cl. (13) as (11). Former cl. (11) “Routine dental care outside the United States and at stations in the United States where adequate civilian facilities are unavailable.” was struck out.

Subsec. (a)(12). Puspan. L. 98–525, § 633(a)(1), redesignated cl. (14) as (12). Former cl. (12) “Dental care worldwide as a necessary adjunct of medical, surgical, or preventive treatment.” was struck out.

Subsec. (a)(13), (14). Puspan. L. 98–525, § 633(a)(2), redesignated cls. (13) and (14) as cls. (11) and (12), respectively.

Subsec. (span)(3). Puspan. L. 98–525, § 1401(e)(3), added par. (3).

1966—Puspan. L. 89–614 authorized an improved health benefits program for dependents of active duty members of the uniformed services in facilities of such services, expanding health care to be provided to include: hospitalization, outpatient care, and drugs in clauses (1) to (3) of subsec. (a) (hospitalization being limited by former subsec. (span) to treatment of nervous or mental disturbances or chronic diseases or for elective medical and surgical treatment to one year period in special cases); treatment of mental and surgical conditions in clause (4) minus acute condition restriction of former subsec. (a)(2); treatment of nervous, mental, and chronic conditions in clause (5) formerly restricted as stated above; clause (6) reenactment of former subsec. (a)(3); physical, including eye, examinations in clause (7) reenacting former subsec. (a)(4) immunization provisions; clause (8) reenactment of former subsec. (a)(5); diagnostic tests and services, including laboratory and X-ray examinations (diagnosis being covered in former subsec. (a)(1)); dental care provisions in clauses (10) to (12) (provided in former subsec. (d)) as (1) emergency care to relieve pain and suffering, but not including permanent restorative work or dental prosthesis, (2) care as a necessary adjunct to medical or surgical treatment, and care outside the United States, and in remote areas inside the United States, where adequate civilian facilities are unavailable; ambulance service and home calls in clause 13 (covering former subsec. (c)(2), (3)); durable equipment on loan basis in clause (14); and to exclude in subsec. (span)(1) (incorporating last sentence of former subsec. (span)) custodial care; subsec. (span)(2)(A) reenactment of former subsec. (e)(1); and permitted in subsec. (span)(2)(B) artificial limbs and eyes to be provided.

Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment

Puspan. L. 114–328, div. A, title VII, § 714(span), Dec. 23, 2016, 130 Stat. 2221, provided that: “The amendments made by subsection (a) [amending this section] shall apply to health care provided under chapter 55 of such title [meaning title 10, United States Code] on or after the date that is one year after the date of the enactment of this Act [Dec. 23, 2016].”

Effective Date of 1984 Amendment

Puspan. L. 98–525, title VI, § 633(span), Oct. 19, 1984, 98 Stat. 2544, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on July 1, 1985.”

Amendment by section 1401(e)(3) of Puspan. L. 98–525 effective Oct. 1, 1985, see section 1404 of Puspan. L. 98–525, set out as an Effective Date note under section 520span of this title.

Effective Date of 1966 Amendment

For effective date of amendment by Puspan. L. 89–614, see section 3 of Puspan. L. 89–614, set out as a note under section 1071 of this title.

Lead Level Screening and Testing for Children

Puspan. L. 116–92, div. A, title VII, § 703, Dec. 20, 2019, 133 Stat. 1437, provided that:

“(a)Comprehensive Screening, Testing, and Reporting Guidelines.—
“(1)In general.—The Secretary of Defense shall establish clinical practice guidelines for health care providers employed by the Department of Defense on screening, testing, and reporting of blood lead levels in children.
“(2)Use of cdc recommendations.—Guidelines established under paragraph (1) shall reflect recommendations made by the Centers for Disease Control and Prevention with respect to the screening, testing, and reporting of blood lead levels in children.
“(3)Dissemination of guidelines.—Not later than one year after the date of the enactment of this Act [Dec. 20, 2019], the Secretary shall disseminate the clinical practice guidelines established under paragraph (1) to health care providers of the Department of Defense.
“(span)Care Provided in Accordance With CDC Guidance.—The Secretary shall ensure that any care provided by the Department of Defense to a child for an elevated blood lead level shall be carried out in accordance with applicable guidance issued by the Centers for Disease Control and Prevention.
“(c)Sharing of Results of Testing.—
“(1)In general.—With respect to a child who receives from the Department of Defense a test for an elevated blood lead level—
“(A) the Secretary shall provide the results of the test to the parent or guardian of the child; and
“(B) notwithstanding any requirements for the confidentiality of health information under the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191) [see Tables for classification], if the results of the test show an abnormal blood lead level or elevated blood lead level, the Secretary shall provide those results and the address at which the child resides to—
“(i) the relevant health department of the State in which the child resides if the child resides in the United States; or
“(ii) if the child resides outside the United States—
     “(I) the Centers for Disease Control and Prevention;
     “(II) the appropriate authority of the country in which the child resides; and
     “(III) the primary provider of health care for the child for follow-up.
“(2)State defined.—In this subsection, the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
“(d)Report.—Not later than January 1, 2021, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing, with respect to the period beginning on the date of the enactment of this Act and ending on the date of the report, the following:
“(1) The number of children who were tested by the Department of Defense for the level of lead in the blood of the child, and of such number, the number who were found to have an elevated blood lead level.
“(2) The number of children who were screened by the Department of Defense for an elevated risk of lead exposure.
“(e)Comptroller General Report.—Not later than January 1, 2022, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the effectiveness of screening and testing for lead exposure and elevated blood lead levels under chapter 55 of title 10, United States Code.
“(f)Definitions.—In this section, the terms ‘abnormal blood lead level’ and ‘elevated blood lead level’ have the meanings given those terms by the Centers for Disease Control and Prevention.”

Study, Plan, and Pilot for the Mental Health Care Needs of Dependent Children of Members of the Armed Forces

Puspan. L. 111–84, div. A, title VII, § 722, Oct. 28, 2009, 123 Stat. 2387, provided that:

“(a)Report and Plan on the Mental Health Care and Counseling Services Available to Military Children.—
“(1)In general.—The Secretary of Defense shall conduct a comprehensive review of the mental health care and counseling services available to dependent children of members of the Armed Forces through the Department of Defense.
“(2)Elements.—The review under paragraph (1) shall include an assessment of the following:
“(A) The availability, quality, and effectiveness of Department of Defense programs intended to meet the mental health care needs of military children.
“(B) The availability, quality, and effectiveness of Department of Defense programs intended to promote resiliency in military children in coping with deployment cycles, injury, or death of military parents.
“(C) The extent of access to, adequacy, and availability of mental health care and counseling services for military children in military medical treatment facilities, in family assistance centers, through Military OneSource, under the TRICARE program, and in Department of Defense Education Activity schools.
“(D) Whether the status of a member of the Armed Forces on active duty, or in reserve active status, affects the access of a military child to mental health care and counseling services.
“(E) Whether, and to what extent, waiting lists, geographic distance, and other factors may obstruct the receipt by military children of mental health care and counseling services.
“(F) The extent of access to, availability, and viability of specialized mental health care for military children (including adolescents).
“(G) The extent of any gaps in the current capabilities of the Department of Defense to provide preventive mental health services for military children.
“(H) Such other matters as the Secretary considers appropriate.
“(3)Report.—Not later than one year after the date of the enactment of this Act [Oct. 28, 2009], the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review conducted under paragraph (1), including the findings and recommendations of the Secretary as a result of the review.
“(span)Comprehensive Plan for Improvements in Access to Care and Counseling.—The Secretary shall develop and implement a comprehensive plan for improvements in access to quality mental health care and counseling services for military children in order to develop and promote psychological health and resilience in children of deploying and deployed members of the Armed Forces. The information in the report required by subsection (a) shall provide the basis for the development of the plan.
“(c)Pilot Program.—
“(1)Elements.—The Secretary of the Army shall carry out a pilot program on the mental health care needs of military children and adolescents. In carrying out the pilot program, the Secretary shall establish a center to—
“(A) develop teams to train primary care managers in mental health evaluations and treatment of common psychiatric disorders affecting children and adolescents;
“(B) develop strategies to reduce barriers to accessing behavioral health services and encourage better use of the programs and services by children and adolescents; and
“(C) expand the evaluation of mental health care using common indicators, including—
“(i) psychiatric hospitalization rates;
“(ii) non-psychiatric hospitalization rates; and
“(iii) mental health relative value units.
“(2)Reports.—
“(A) Not later than 90 days after establishing the pilot program, the Secretary of the Army shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report describing the—
“(i) structure and mission of the program; and
“(ii) the resources allocated to the program.
“(B) Not later than September 30, 2012, the Secretary of the Army shall submit to the congressional defense committees a report that addresses the elements described under paragraph (1).”

Program for Mental Health Awareness for Dependents and Pilot Project on Post Traumatic Stress Disorder

Puspan. L. 109–163, div. A, title VII, § 721, Jan. 6, 2006, 119 Stat. 3346, directed the Secretary of Defense, no later than one year after Jan. 6, 2006, to develop a program to increase awareness of mental health services for, and warning signs about mental health problems in, dependents of service members who have served or will serve in combat theaters and directed the Secretary to carry out a pilot project to evaluate internet-based early diagnosis and treatment of post traumatic stress disorder and other mental health conditions and report to Congress no later than June 1, 2006.

Provision of Domiciliary and Custodial Care for Certain CHAMPUS Beneficiaries

Puspan. L. 106–65, div. A, title VII, § 703, Oct. 5, 1999, 113 Stat. 682, as amended by Puspan. L. 106–398, § 1 [[div. A], title VII, §  701(a), (span), (c)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–172, related to the continued provision of domiciliary and custodial care for certain CHAMPUS beneficiaries, prohibited the establishment of a limited transition period for such program, required a survey and report of case management and custodial care policies, and provided for cost limitations for each fiscal year, prior to repeal by Puspan. L. 107–107, div. A, title VII, § 701(g)(1)(A), Dec. 28, 2001, 115 Stat. 1161.

Obstetrical Care Facilities

Puspan. L. 89–188, title VI, § 610, Sept. 16, 1965, 79 Stat. 818, required that military hospitals in the United States and its possessions be constructed so as to include facilities for obstetrical care, prior to repeal by Puspan. L. 97–214, § 7(7), July 12, 1982, 96 Stat. 173, eff. Oct. 1, 1982.

CITE AS: 10 USC 1077